TOWNSHIP OF MAHWAH PLANNING BOARD MINUTES MAY 12, 2008 1. OPENING STATEMENT The combined public/work session meeting of the Planning Board of the Township of Mahwah held at the Municipal Building, 475 Corporate Dr., Mahwah, N.J. was called to order at 7:00 p.m. by Dr. Ross, Chairman. The Opening Statement was read according to the Sunshine Law followed by the flag salute and roll call. These minutes are a synopsis of the meeting. A verbatim audio tape recording is on file with the Board Secretary at the Planning Board Office, 475 Corporate Dr., Mahwah, N. J. Copies of the tapes may be purchased for a fee. PRESENT: Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Spiech, Mr. Crean, Mr. Donigian, Mr. Sherer, Mr. Williams ABSENT: Mr. Rudolph PROFESSIONALS: Peter J. Scandariato, Esq., Mike Kelly, P.P. Joe Burgis, P.P. II. APPROVAL OF BILLS 4/21/08 Burgis Associates, Inc. $ 400.00 4/10/08 Philips Nizer LLP $1,687.50 A motion to approve the bills was made by Mr. Crean and seconded by Mr. DaPuzzo. All voted in favor. III. APPROVAL OF MINUTES A motion to approve the minutes of April 28, 2008 was made by Mr. DaPuzzo and seconded by Mr. Spiech. All voted in favor with 3 abstentions by Mr. Jandris, Mr. Donigian and Mayor Martel. IV. MEMORIALIZING RESOLUTIONS FROM MEETING OF APRIL 28, 2008 1. RESOLUTION ENDORSING N.J. HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL INITIAL GRANT PROGRAM Planning Board Minutes May 12, 2008 Page 2. 2. 3. DKT. #518 – RAMAPO GARDENS EXERCISE AREA TA-07-0030 – M. J. OLLEY, 92 NORTH RAMAPO AVE. A motion to approve was made by Mr. Brotherton and seconded by Mr. Spiech. A roll call of eligible members revealed 7 aye votes by Mr. Brotherton, Mr. DaPuzzo, Dr. Ross, Mr. Spiech, Mr. Crean, Mr. Sherer, Mr. Williams. V. OPEN TO THE PUBLIC A motion to open the meeting to the Public was made by Mr. Spiech and seconded by Mr. DaPuzzo. All voted in favor. A motion to close was made by Mr. Brotherton and seconded by Mr. Spiech. All voted in favor. VI. PUBLIC HEARINGS A. DKT. #516 – JOHN & LAURA ROKOSZAK, 136 YOUNGS RD. & BARTHOLF LANE Mr. Brotherton and Mayor Martel recused themselves. Judith Reilly, Attorney for the applicant appeared before the Board. Ms. Reilly indicated that their Engineer would not be present this evening. Public Hearing is carried to June 9, 2008. B. DKT. #451A-2 – MACARTHUR RIDGE ASSOCIATES, LLC, RIDGE RD. AND MACARTHUR BLVD. Thomas Hines, Attorney for the Applicant appeared before the Board. This application is for an amended site plan which was previously approved by the Board. They wish to enclose an existing loading area to be used for additional retail space. There is a proposal to expand the existing Karate School which adjoins the space in question. The applicant also seeks to relocate the existing dumpster/recycling area approximately 10 feet. Dr. Ross indicated that the original dumpster was to be enclosed. To date it has not. Mr. Hines stated that if the Board were to grant the relocation of the dumpster it would definitely be enclosed this time around. Gene Rotunda, P.E., 47 Spring St., Ramsey was sworn in. Mr. Rotunda gave a brief overview of the applicant’s proposal. Planning Board Minutes May 12, 2008 Page 3. The present dumpster area has evergreen shrubs around it and is not enclosed. He indicated the new dumpster area would be on a pad and will be enclosed. They are also asking to enclose the present loading area located in the northeast corner of the property. The original proposal was for the use of a loading area. After the building was constructed they were prohibited from using it as a loading space. There will be adequate number of parking spaces for the expansion of the school. They will be adding 752 square feet. The total net floor area of the building will now be 20,272 square feet. There are currently 113 parking spaces. Once the dumpster is relocated to a pad they will be adding 1 parking space for a total of 114 spaces. There will be a solid vinyl fence enclosing the dumpster with evergreens in front of the fence. Mr. Donigian was concerned about the durability of the fence when the dumpsters are being emptied. He suggested some type of masonry enclosure. Mr. Burgis agreed the block wall is a better alternative. Mr. Rotunda agreed to the block wall with evergreens around it. The height will be 6 feet. Mr. Spiech questioned the access to the electrical equipment for the fire alarm, etc. if the loading area is enclosed. Mr. Hines presented the plan showing the access which was marked “A-1”. Mr. Rotunda addressed the fire official’s letter indicating that there will be an access corridor that extends to the outside of the building. Mike Kelly wanted to confirm with the Board that a dumpster area is not considered outdoor storage. Dr. Ross stated they never have. Mike indicated that all his comments have been addressed. A motion to open to the public was made by Mr. DaPuzzo and seconded by Mr. Crean. All voted in favor. A motion to close was made by Mr. DaPuzzo and seconded by Mr. Spiech. All voted in favor. A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Crean. A roll call revealed 10 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Spiech, Mr. Crean, Mr. Donigian, Mr. Sherer, Mr. Williams. VII. WORK SESSION A. OLD/NEW BUSINESS 1. PROPOSED ORDINANCE #1609 – TOWN COUNCIL REQUEST FOR COMMENTS. Planning Board Minutes May 12, 2008 Page 4. Mr. Burgis stated that the Planning Board has been asked to determine whether this ordinance is consistent with the Master Plan. The Master Plan designates a specific area where the CED zone exists but the Master Plan simply calls it an office zone and in its text only recommends office development. Consequently by eliminating public and/or private educational facilities that alone does not diminish the Master Plans recommendation for solely office use. In fact it reinforces it. The Board can conclude that the amendment is in fact consistent with the Master Plan’s recommendation. A motion that the Board determines that the proposed ordinance #1609 eliminating public and/or private educational facilities from the CED zone is consistent with the Master Plan was made by Mr. Spiech and seconded by Mr. Donigian. A roll call revealed 6 aye votes by Mr. Brotherton, Mayor Martel, Mr. Spiech, Mr. Crean, Mr. Donigian, Mr. Williams, 3 nay votes by Dr. Ross, Mr. Jandris, Mr. Sherer and 1 abstention by Mr. DaPuzzo. 2. TA-05-2002A – C & M LANDSCAPING, 94B N. RAMAPO AVE. Application to be rescheduled. THE PLANNING BOARD MEETING OF MAY 19, 2009 IS CANCELLED. VIII. AJOURNMENT: A motion to adjourn was made by Mr. Spiech and seconded by Mr. Donigian. All voted in favor. The meeting was adjourned at 7:43 p.m These minutes were prepared by Rosalie DeMartino.